Legal Definitions - resurrender

Resurrender refers to a historical legal process where a specific type of land, known as a copyhold estate, was returned by a lender (the mortgagee) to the borrower (the mortgagor) after the borrower had fully repaid the debt for which the land was used as security. This concept is no longer relevant in modern property law, as copyhold estates were abolished in England and Wales.

Here are some examples illustrating this historical term:

• Example 1: The Farmer's Loan
  Imagine a farmer in the 18th century, John, who needed funds to purchase new livestock and improve his fields. He secured a loan from the local lord, offering his copyhold farm as collateral. After several years of hard work and successful harvests, John managed to repay the lord in full. The lord then executed a resurrender, formally returning John's full rights to his copyhold farm, signifying that the debt was cleared and the land was no longer held as security.

• Example 2: The Baker's Expansion
  Consider Mary, a baker in a bustling market town in the early 19th century, who wished to expand her bakery. She took out a mortgage on her copyhold shop premises from a wealthy merchant to finance the expansion. Once Mary's business thrived and she had completely paid off the mortgage, the merchant would perform a resurrender. This legal act confirmed that Mary's copyhold property was no longer encumbered by the debt and was fully restored to her ownership without any outstanding claims from the lender.

• Example 3: Family Emergency Funds
  In the 17th century, the Davies family, who held a copyhold cottage and garden, faced a sudden illness that required significant funds for medical treatment. They borrowed money from a local moneylender, using their copyhold property as security. Upon the family successfully repaying the entire loan amount, the moneylender would execute a resurrender. This action formally returned the copyhold cottage and garden to the Davies family, free from the mortgage, acknowledging that the debt had been fully satisfied.